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The
Below Comments Relate to this Newslink:
NM: A little legal history on the 2nd Amendment
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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In Cruikshank, the Supreme Court found “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.” According to this case, the Second Amendment did not guarantee an individual the right to bear arms. |
| Comment by:
MarkHamTownsend
(5/3/2019)
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Read it again.
Cruickshank said the 2A "does not grant the right," because it DOESN'T.
It PROTECTS A PRE- EXISTING RIGHT.
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| Comment by:
PHORTO
(5/3/2019)
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| I get the impression from the slant of Judge Sedillo's historical analysis that he'd prefer that Heller and McDonald didn't exist. |
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| QUOTES
TO REMEMBER |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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